Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 189 (2025GS)

Sponsor

Sen. Escamilla, Luz

Final action

Senate/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• creates the Child Care Capacity Expansion Act (act);
• describes the purpose of the act;
• directs certain state departments to collaborate on implementing the act;
• provides for certain limitations on liability from operations of an expanded child care facility; and
• requires an annual report to certain legislative committees.

Every vote on this bill

Bill text

11
63N-22-101
63N-22-102
63N-22-103
63N-22-104
63N-22-105
63N-22-106
63N-22-107
63N-22-201
Child Care Services Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Luz Escamilla
House Sponsor: 
LONG TITLE
General Description:
This bill enacts the Child Care Capacity Expansion Act.
Highlighted Provisions:
This bill:
defines terms;
creates the Child Care Capacity Expansion Act (act);
describes the purpose of the act;
directs certain state departments to collaborate on implementing the act; 
provides for certain limitations on liability from operations of an expanded child care 
facility; and
requires an annual report to certain legislative committees.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
63N-22-101
, Utah Code Annotated 1953
63N-22-102
, Utah Code Annotated 1953
63N-22-103
, Utah Code Annotated 1953
63N-22-104
, Utah Code Annotated 1953
63N-22-105
, Utah Code Annotated 1953
63N-22-106
, Utah Code Annotated 1953
63N-22-107
, Utah Code Annotated 1953
63N-22-201
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
63N-22-101
 is enacted to read:
22. CHILD CARE CAPACITY EXPANSION ACT
1. Employer-based, State-assisted Child Care Capacity Expansion Program
63N-22-101. Definitions.
As used in this chapter:
(1)
"Capacity limit" means the same as that term is defined in Section 
26B-2-401
.
(2)
"Center based child care" means the same as that term is defined in Section 
26B-2-401
.
(3)
"Child care" means the same as that term is defined in Section 
26B-2-401
.
(4)
"Child care program" means the same as that term is defined in Section 
26B-2-401
.
(5)
"Community member" means an individual who:
(a)
resides no more than 30 miles from an expanded child care opportunity facility;
(b)
works at a location no more than 15 miles from an expanded child care opportunity 
facility;
(c)
is a state employee;
(d)
is a member of the National Guard; or
(e)
is a member of the armed forces as defined in Section 
68-3-12.5
.
(6)
"Economically disadvantaged" means a child who is:
(a)
experiencing intergenerational poverty;
(b)
a member or foster child of a family with an annual income at or below 200% of the 
federal poverty level; or
(c)
living with a legal custodian or legal guardian who can attest that the child or the 
child's household is receiving services benefiting low-income households or 
individuals.
(7)
"Employer cooperative" means three or more private employers who have entered into a 
formal agreement to share resources.
(8)
"Employer sponsor" means a private, for-profit entity that leases an expanded child care 
capacity facility from the state at no cost.
(9)
"Expanded child care opportunity facility" means a building:
(a)
that is state-owned;
(b)
that has been retrofitted to meet the licensing requirements for child care established 
by the Department of Health and Human Services; and
(c)
in which one or more licensed providers may operate a private child care business 
pursuant to a contract with an employer sponsor.
(10)
"Licensed child care provider" means a person who holds a license from the 
Department of Health and Human Services to provide center based child care, whether 
in a for-profit or non-profit model.
(11)
"Program" means the employer-based, state-assisted child care capacity expansion 
program described in Section 
63N-22-102
.
(12)
"Young child" means a child six years old or younger.
Section 2, Section 
63N-22-102
 is enacted to read:
63N-22-102. Employer-based, state-assisted child care capacity expansion 
program created.
(1)
This section creates an employer-based, state-assisted child care capacity expansion 
program.
(2)
The goal of the employer-based, state-assisted child care capacity expansion program is 
to:
(a)
expand the state's supply of high quality and affordable child care seats;
(b)
support employers seeking to secure a reliable workforce;
(c)
support the economic prospects of parents of young children in the workforce;
(d)
promote economic growth; and
(e)
utilize obsolete state property.
Section 3, Section 
63N-22-103
 is enacted to read:
63N-22-103. Retrofitting state-owned buildings for center based child care.
(1)
The Division of Facilities Construction and Management and office shall partner to:
(a)
identify an obsolete state-owned building suitable for retrofitting as an expanded 
child care opportunity facility;
(b)
once an obsolete state-owned building is identified as suitable, establish a timeline 
by which the building may be retrofitted to serve as an expanded child care 
opportunity facility;
(c)
identify state-owned property suitable for a new building to serve as an expanded 
child care opportunity facility;
(d)
once state-owned property is identified as suitable, establish a timeline by which the 
expanded child care opportunity facility may be built; and
(e)
within available funds, ensure the retrofitting process or building process results in 
an expanded child care opportunity facility that complies with licensing standards 
established by the Department of Health and Human Services.
(2)
The Division of Facilities Construction and Management shall be responsible for 
ongoing maintenance of an expanded child care opportunity facility, as more fully 
detailed in a lease between the Division of Facilities Construction and Management and 
an employer sponsor described in Section 
63N-22-104
.
(3)
Once an obsolete state-owned building has been successfully retrofitted to serve as an 
expanded child care opportunity facility, or an expanded child care opportunity facility 
has been built on state-owned property, the Department of Health and Human Services 
shall work with the Division of Facilities Construction and Management and the office 
to determine:
(a)
the expanded child care opportunity expansion facility's maximum capacity limit; and
(b)
if the expanded child care opportunity expansion facility is appropriate to house 
more than one licensed child care program.
Section 4, Section 
63N-22-104
 is enacted to read:
63N-22-104. Leasing expanded child care opportunity facilities.
(1)
The office shall:
(a)
identify a potential employer sponsor to lease an expanded child care opportunity 
facility; and
(b)
recommend the Division of Facilities Construction and Management seek to enter 
into a lease with a potential employer sponsor at an expanded child care opportunity 
facility.
(2)
If the office identifies more potential employer sponsors than there are available leasing 
opportunities, the office shall prioritize recommendations that the Division of Facilities 
Construction and Management enter into leases with employer sponsors:
(a)
(i)
that self-report having 50 or more employees;
(ii)
that self-report being part of an employer cooperative agreement with a minimum 
of 50 employees collectively; or
(iii)
that self-report having 25% or more of the employer sponsor's workforce made 
up of parents of young children; and
(b)
with a proposal to reduce the cost of child care tuition to employer employees and 
community members.
(3)
The Division of Facilities Construction and Management may enter into a no-cost lease 
with an employer sponsor as described in this section.
(4)
A lease authorized by this section shall, at a minimum, require:
(a)
the employer sponsor to utilize the leased space only for child care purposes;
(b)
the employer sponsor to contract with a licensed provider to operate the center based 
child care at the leased space, as described in Section 
63N-22-105
;
(c)
the employer sponsor to contract with a licensed provider:
(i)
doing business solely in Utah; or
(ii)
primarily doing business in Utah;
(d)
the employer sponsor to maintain general liability and workers compensation 
insurance in minimum amounts established by the Division of Facilities Construction 
and Management by rule;
(e)
the employer sponsor to require a contracted licensed provider to maintain general 
liability and workers' compensation in minimum amounts established by the Division 
of Facilities Construction and Management by rule;
(f)
that the employer sponsor reserve no more than 60% of capacity limit of the leased 
space for the children of employer sponsor employees and no less than 40% of 
capacity limit of the leased space for the children of community members;
(g)
automatic relinquishment of the leased space in the event the employer sponsor fails 
to maintain a licensed provider operating in the leased space, as described in Section 
63N-22-105
, for a time period of more than 90 consecutive calendar days; and
(h)
a provision to ensure that the cost savings incurred by the no-cost lease and the 
Division of Facilities Construction and Management maintaining the leased property:
(i)
result in reduced tuition for employer sponsor employees and community 
members at the center based child care in the leased space; and
(ii)
facilitate in whole or in part, over time, the implementation of a sliding fee scale 
proposed by the office, as described in Subsection 
63N-22-201(2)
.
(5)
The Division of Facilities Construction and Management and the office shall make 
rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to 
implement the provisions of this section.
Section 5, Section 
63N-22-105
 is enacted to read:
63N-22-105. Contracts with licensed providers -- Expectations of licensed 
providers.
(1)
No later than 60 days after the day on which a lease between an employer sponsor and 
the Division of Facilities Construction and Management takes effect, the employer 
sponsor shall enter into a contract with a licensed provider for the licensed provider to 
operate a center based child care facility in the leased space.
(2)
(a)
The Division of Facilities Construction and Management, in consultation with the 
office, shall establish a contract template to be used between an employer sponsor 
and licensed provider.
(b)
The employer sponsor and licensed provider may modify the template described in 
Subsection (2)(a) to meet specific needs, subject to the requirements of this section.
(3)
The contract between the employer sponsor and licensed provider shall establish, at a 
minimum:
(a)
the amount of tuition reduction guaranteed by the employer sponsor as described in 
Subsection 
63N-22-104(4)(g)
, broken down by age of child receiving care;
(b)
the number of overall spots set aside for employer sponsor employees;
(c)
the expected hours of operation of the licensed provider;
(d)
the insurance amounts that the licensed provider is required to maintain while 
conducting business in accordance with the contract;
(e)
that the state is providing the space and related utility costs at the expanded child 
care opportunity facility free-of-charge to the employer sponsor, and that the 
employer sponsor may not pass along any facility costs, whether rent or cost of 
utilities, to the licensed provider;
(f)
that a licensed provider at an expanded child care opportunity facility shall:
(i)
no later than one year after the date the contract described in this section is 
effective, earn a certified quality rating of "Building Quality," "High Quality," or 
"High Quality Plus" in the Child Care Quality System from the Department of 
Workforce Services, as described by Department of Workforce Services rule, and 
thereafter maintain that rating or better;
(ii)
accept community member families who receive child care subsidy from the 
Department of Workforce Services, if space is available; and
(iii)
maintain at least one infant room and one toddler room at the expanded child 
care opportunity facility; and
(g)
that in the event the licensed provider's license is suspended or revoked by the 
Department of Health and Human Services, the contract shall be immediately 
terminated.
(4)
The contracted licensed provider shall be responsible for collecting tuition, complying 
with licensing requirements, managing and compensating the licensed provider's 
employees, managing any potential waitlist of families hoping to secure a spot at the 
program, and all other child care provider business activities.
(5)
In addition to the tuition reduction described in Subsection (3)(a), a contracted licensed 
provider may not charge an employer sponsor employee or community member tuition 
in excess of what the licensed provider charges at other child care programs that the 
licensed provider operates within a 50 mile radius of the expanded child care 
opportunity facility.
Section 6, Section 
63N-22-106
 is enacted to read:
63N-22-106. Promotion of the employer-based, state-assisted child care capacity 
expansion program.
(1)
The office shall promote the program created in this chapter to the business community.
(2)
The Department of Workforce Services shall promote the program created in this 
chapter to licensed child care providers, with particular outreach to licensed child care 
providers that have been rated "Building Quality," "High Quality," or "High Quality 
Plus" in the Child Care Quality System by the Department of Workforce Services.
(3)
Beginning January 1, 2026, the Department of Workforce Services shall provide a list 
of high quality center based child care providers in the geographic region of an 
expanded child care opportunity facility to the Division of Facilities Construction and 
Management on a quarterly basis.
(4)
The Division of Facilities Construction and Management shall provide the list described 
in Subsection (3) upon request to an employer sponsor seeking a licensed provider with 
whom the employer sponsor may contract, as described in Section 
63N-22-105
.
Section 7, Section 
63N-22-107
 is enacted to read:
63N-22-107. Limitation on liability.
(1)
Nothing in this chapter creates an employer-employee relationship between the state or 
any department of the state and an employer sponsor or a licensed provider.
(2)
The state is not liable for any civil damages for acts or omissions resulting from the 
operations of an expanded child care opportunity facility.
Section 8, Section 
63N-22-201
 is enacted to read:
2. Reporting
63N-22-201. Reporting requirement.
(1)
The office shall provide, by October 1 of each year, a report to the Economic 
Development and Workforce Services Interim Committee, the Health and Human 
Services Interim Committee, and the Government Operations Interim Committee on the 
following:
(a)
the progress and status of identifying obsolete state buildings for potential 
retrofitting; 
(b)
the progress and status of retrofitting state buildings into expanded child care 
opportunity facilities;
(c)
the number of leases with employer sponsors;
(d)
the number of children and families served at expanded child care opportunity 
facilities;
(e)
the number of child care spots created by the program established in this chapter;
(f)
the demand in the business community to participate in the program;
(g)
the demand by political subdivisions, if any, to participate in the program or create a 
similar program;
(h)
the projected economic growth created by the program; and
(i)
the program's progress at achieving the goals described in Section 
63N-22-102
.
(2)
In addition to the report described in Subsection (1), beginning January 1, 2026, the 
office shall report on:
(a)
a proposed plan to implement a sliding fee scale to allow economically 
disadvantaged children living with community member families to secure child care 
through the program while ensuring the continued economic viability of contracted 
licensed providers; and
(b)
any recommended funding mechanisms to implement the sliding fee scale described 
in Subsection (2)(a).
(3)
The Division of Facilities Construction and Management, Department of Workforce 
Services, and Department of Health and Human Services shall assist the office in the 
creation of the reports described in Subsections (1) and (2).
Section 9. 
Effective date.
This bill takes effect on 
May 7, 2025
.
1-28-25 2:23 PM